The successful challenge was brought by a plaintiff with the pseudonym NZYQ – whose visa was cancelled because he was convicted of child sex offences – after his legal team argued it was unconstitutional for the Commonwealth to continue to hold a person when there was no prospect of leaving Australia.Shannon Morris
“He is not a citizen of any other country and he has no travel document. He is a stateless person,” Lenehan told the court on Tuesday. The man had been detained since he was paroled in 2018, and several attempts were made to deport him. The government is considering the judgment delivered by the High Court, a spokesman for Immigration Minister Andrew Giles said.
Ahmed Al-Kateb was a stateless Palestinian man who was denied a protection visa after arriving in Australia in 2000.
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